NATHU AND ORS. Vs. UMRA AND ANR.

JUDGEMENT

(1.) THE parties to this appeal are the five sons of the late Rura Kamboh. The dispute between them relates to agricultural land situate in Malerkotla, which was originally in possession of their father as occupancy tenant. On the death of Rura, all his five sons succeeded to his occupancy holding. On 29th March, 1953, the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act of 1953 came into force, by virtue of which all rights, title and interest of a landlord in the land held by an occupancy tenant were extinguished, and such rights, title and interest vested in the occupancy tenants. In accordance with the provisions of that Act, the occupancy holding of Rura, to which his five sons had succeeded, was mutated in the name of all his five sons as owners in equal share, - -vide mutation Exhibit P. 1.

(2.) ON 26th September, 1959, Umra and Ibrahim,, two of the five sons of Rura, brought the suit out of which this appeal has arisen, complaining that their three brothers, Nathu, Fattu and Kalu Defendants, who were in possession of the entire property had been denying their right in this land. They prayed for a declaration that they were owners of two -third share in the land in dispute and also sought joint possession of the same.

(3.) THE trial Court decided both the issues in favour of the Defendants and dismissed the Plaintiff's suit. In anneal, the learned District Judge reversed the findings on both the issues and decreed the Plaintiffs' claim, holding that no relinquishment or abandonment of the rights by the Plaintiffs had been proved. It is against this decree that the Defendants have come up in second appeal.